In many cases the responsibility of enterprises to
respect human rights is reflected at least in part in
domestic law or regulations corresponding to
international human rights standards…. The
responsibility to respect human rights is not,
however, limited to compliance with such
domestic law provisions. It exists over and above
legal compliance, constituting a global standard of
expected conduct applicable to all businesses in all
situations. It therefore also exists independently of
an enterprise’s own commitments for human
rights.62
Corporate responsibility to respect human rights is also recognized in
cases involving the violation of the environmental rights brought against
corporate entities, among other private individuals and entities, in
accordance with the Philippine Rules of Procedure for Environmental Cases.
The adjunct rights to a balanced and healthful ecology and to health
guaranteed by our Constitution are included in the complete concept of
human rights based on the exchange between Commissioners Bennagen and
Nolledo during the deliberations of the 1986 Constitutional Convention and
their importance is explained in Oposa v. Factoran.!
2. The investor-owned Carbon Majors have breached their
responsibilities to respect the rights of Filipino people and
communities by directly or indirectly contributing to current or future
adverse human rights impacts through the extraction and sale of fossil
fuels and activities undermining climate action.
With respect to the manner in which companies should respect these
rights, Foundational Principle 13 of the Guiding Principles provides that
business enterprises are required to:
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62
Interpretive Guide, supra note 25, at 13-14.
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